By: Kolkhorst, et al.  S.B. No. 6          (In the Senate - Filed January 5, 2017; January 24, 2017,   read first time and referred to Committee on State Affairs;   March 9, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 1; March 9, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 6 By:  Hughes     A BILL TO BE ENTITLED   AN ACT     relating to regulations and policies for entering or using a   bathroom or changing facility; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  LEGISLATIVE FINDINGS; PURPOSE.  The legislature   finds that:                (1)  in an effort to comply with the legislature's duty   under Section 1, Article VII, Texas Constitution, to provide for   the general diffusion of knowledge and an efficient system of   public schools, potentially harmful and distracting environments   should be barred;                (2)  the federal government's mandate requiring Texas   public schools to provide students access to restrooms, showers,   and dressing rooms based on an individual student's internal sense   of gender is alarming and could potentially lead to boys and girls   showering together and using the same restroom should such guidance   be followed;                (3)  children receiving an education in Texas public   schools and open-enrollment charter schools are entitled to a safe   and secure learning environment, including when using intimate   facilities controlled by a school; and                (4)  it is the public policy of this state that   residents have a reasonable expectation of privacy when using   intimate facilities controlled by a school district,   open-enrollment charter school, state agency, or political   subdivision and that protecting the safety, welfare, and well-being   of children in public schools, children in open-enrollment charter   schools, and all Texas residents in intimate facilities controlled   by state agencies or political subdivisions is of the utmost   priority and moral obligation of this state.          SECTION 2.  The heading to Chapter 250, Local Government   Code, is amended to read as follows:   CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY [OF   MUNICIPALITIES AND COUNTIES]          SECTION 3.  Chapter 250, Local Government Code, is amended   by adding Section 250.008 to read as follows:          Sec. 250.008.  REGULATIONS RELATING TO CERTAIN BATHROOM OR   CHANGING FACILITIES PROHIBITED. (a)  For the purposes of this   section, "bathroom or changing facility" means a facility where a   person may be in a state of undress, including a restroom, locker   room, changing room, or shower room.          (b)  A political subdivision may not adopt or enforce an   order, ordinance, or other measure that relates to the designation   or use of a private entity's bathroom or changing facility or that   requires the entity to adopt, or prohibits the entity from   adopting, a policy on the designation or use of the entity's   bathroom or changing facility.          SECTION 4.  Subchapter Z, Chapter 271, Local Government   Code, is amended by adding Section 271.909 to read as follows:          Sec. 271.909.  CONSIDERATION OF CERTAIN POLICIES   PROHIBITED. (a)  For the purposes of this section, "bathroom or   changing facility" has the meaning assigned by Section 250.008.          (b)  In awarding a contract for the purchase of goods or   services, a political subdivision may not consider whether a   private entity competing for the contract has adopted a policy   relating to the designation or use of the entity's bathroom or   changing facility.          SECTION 5.  Subtitle A, Title 9, Health and Safety Code, is   amended by adding Chapter 769 to read as follows:   CHAPTER 769.  PUBLIC SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND   CHANGING FACILITIES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 769.001.  DEFINITIONS. In this chapter:                (1)  "Biological sex" means the physical condition of   being male or female, which is stated on a person's birth   certificate.                (2)  "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                (3)  "Multiple-occupancy bathroom or changing   facility" means a facility designed or designated for use by more   than one person at a time, where a person may be in a state of   undress in the presence of another person, regardless of whether   the facility provides curtains or partial walls for privacy. The   term includes a restroom, locker room, changing room, or shower   room.                (4)  "Open-enrollment charter school" means a school   that has been granted a charter under Subchapter D, Chapter 12,   Education Code.                (5)  "Political subdivision" means a governmental   entity of this state that is not a state agency and includes a   county, municipality, special purpose district or authority, and   junior college district.  The term does not include a school   district.                (6)  "School district" means any public school district   in this state.                (7)  "Single-occupancy bathroom or changing facility"   means a facility designed or designated for use by only one person   at a time, where a person may be in a state of undress, including a   single toilet restroom with a locking door that is designed or   designated as unisex or for use based on biological sex.                (8)  "State agency" means a department, commission,   board, office, council, authority, or other agency in the   executive, legislative, or judicial branch of state government that   is created by the constitution or a statute of this state, including   an institution of higher education.   SUBCHAPTER B. PUBLIC SCHOOLS          Sec. 769.051.  SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR   CHANGING FACILITY.  A school district or open-enrollment charter   school shall require that each multiple-occupancy bathroom or   changing facility accessible to students and located in a school or   school facility be designated for and used only by persons based on   the person's biological sex.          Sec. 769.052.  ACCOMMODATIONS AUTHORIZED. This subchapter   does not prohibit a school district or open-enrollment charter   school from providing an accommodation, including a   single-occupancy bathroom or changing facility or the controlled   use of a faculty bathroom or changing facility, on request due to   special circumstances.  The school district or open-enrollment   charter school may not provide an accommodation that allows a   person to use a multiple-occupancy bathroom or changing facility   accessible to students that is designated for the biological sex   opposite to the person's biological sex.          Sec. 769.053.  EXCEPTIONS. A designation of a   multiple-occupancy bathroom or changing facility under Section   769.051 does not apply to a person entering a multiple-occupancy   bathroom or changing facility designated for the biological sex   opposite to the person's biological sex:                (1)  for a custodial purpose;                (2)  for a maintenance or inspection purpose;                (3)  to render medical or other emergency assistance;                (4)  to accompany a student needing assistance in using   the facility, if the assisting person is:                      (A)  an employee or authorized volunteer of the   school district or open-enrollment charter school; or                      (B)  the student's parent, guardian, conservator,   or authorized caregiver;                (5)  to accompany a person other than a student needing   assistance in using the facility; or                (6)  to receive assistance in using the facility.   SUBCHAPTER C. PUBLIC BUILDINGS          Sec. 769.101.  SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR   CHANGING FACILITY. A political subdivision or state agency with   control over multiple-occupancy bathrooms or changing facilities   in a building owned or leased by this state or the political   subdivision, as applicable, shall require that each   multiple-occupancy bathroom or changing facility located in the   building be designated for and used only by persons of the same   biological sex.          Sec. 769.102.  ACCOMMODATIONS AUTHORIZED. This subchapter   does not prohibit a political subdivision or state agency from   providing an accommodation, including a single-occupancy bathroom   or changing facility, on request due to special circumstances. The   political subdivision or state agency may not provide an   accommodation that allows a person to use a multiple-occupancy   bathroom or changing facility designated for the biological sex   opposite to the person's biological sex.          Sec. 769.103.  PRIVATE LEASES AND CONTRACTS. A private   entity that leases or contracts to use a building owned or leased by   this state or a political subdivision is not subject to Section   769.101.  A state agency or political subdivision may not require   the private entity to adopt, or prohibit the private entity from   adopting, a policy on the designation or use of bathrooms or   changing facilities located in the building.          Sec. 769.104.  EXCEPTIONS. A designation of a   multiple-occupancy bathroom or changing facility under Section   769.101 does not apply to:                (1)  a person entering a multiple-occupancy bathroom or   changing facility designated for the biological sex opposite to the   person's biological sex:                      (A)  for a custodial purpose;                      (B)  for a maintenance or inspection purpose;                      (C)  to render medical or other emergency   assistance;                      (D)  to accompany a person needing assistance in   using the facility; or                      (E)  to receive assistance in using the facility;   or                (2)  a child who is:                      (A)  younger than eight years of age entering a   multiple-occupancy bathroom or changing facility designated for   the biological sex opposite to the child's biological sex; and                      (B)  accompanying a person caring for the child.   SUBCHAPTER D. ENFORCEMENT          Sec. 769.151.  CIVIL PENALTY. (a)  A school district,   open-enrollment charter school, state agency, or political   subdivision that violates this chapter is liable for a civil   penalty of:                (1)  not less than $1,000 and not more than $1,500 for   the first violation; and                (2)  not less than $10,000 and not more than $10,500 for   the second or a subsequent violation.          (b)  Each day of a continuing violation of this chapter   constitutes a separate violation.          Sec. 769.152.  COMPLAINT; NOTICE.  (a)  A citizen of this   state may file a complaint with the attorney general that a school   district, open-enrollment charter school, state agency, or   political subdivision is in violation of this chapter only if:                (1)  the citizen provides the school district,   open-enrollment charter school, state agency, or political   subdivision a written notice that describes the violation; and                (2)  the school district, open-enrollment charter   school, state agency, or political subdivision does not cure the   violation before the end of the third business day after the date of   receiving the written notice.          (b)  A complaint filed under this section must include:                (1)  a copy of the written notice; and                (2)  a signed statement by the citizen describing the   violation and indicating that the citizen provided the notice   required by this section.          Sec. 769.153.  DUTIES OF ATTORNEY GENERAL:  INVESTIGATION   AND NOTICE.  (a)  Before bringing a suit against a school district,   open-enrollment charter school, state agency, or political   subdivision for a violation of this chapter, the attorney general   shall investigate a complaint filed under Section 769.152 to   determine whether legal action is warranted.          (b)  The school district, open-enrollment charter school,   state agency, or political subdivision that is the subject of the   complaint shall provide to the attorney general any information the   attorney general requests in connection with the complaint,   including:                (1)  supporting documents related to the complaint; and                (2)  a statement regarding whether the entity has   complied or intends to comply with this chapter.          (c)  If the attorney general determines that legal action is   warranted, the attorney general shall provide the appropriate   officer of the school district, open-enrollment charter school,   state agency, or political subdivision charged with the violation a   written notice that:                (1)  describes the violation and location of the   bathroom or changing facility found to be in violation;                (2)  states the amount of the proposed penalty for the   violation; and                (3)  requires the school district, open-enrollment   charter school, state agency, or political subdivision to cure the   violation on or before the 15th day after the date the notice is   received to avoid the penalty, unless the school district,   open-enrollment charter school, state agency, or political   subdivision was found liable by a court for previously violating   this chapter.          Sec. 769.154.  COLLECTION OF CIVIL PENALTY; MANDAMUS.     (a)  If, after receipt of notice under Section 769.153(c), the   school district, open-enrollment charter school, state agency, or   political subdivision has not cured the violation on or before the   15th day after the date the notice is provided under Section   769.153(c)(3), the attorney general may sue to collect the civil   penalty provided by Section 769.151.          (b)  In addition to filing suit under Subsection (a), the   attorney general may also file a petition for a writ of mandamus or   apply for other appropriate equitable relief.          (c)  A suit or petition under this section may be filed in a   district court in:                (1)  Travis County; or                (2)  a county in which the principal office of the   school district, open-enrollment charter school, state agency, or   political subdivision is located.          (d)  The attorney general may recover reasonable expenses   incurred in obtaining relief under this section, including court   costs, reasonable attorney's fees, investigative costs, witness   fees, and deposition costs.          (e)  A civil penalty collected by the attorney general under   this section shall be deposited to the credit of the compensation to   victims of crime fund established under Subchapter B, Chapter 56,   Code of Criminal Procedure.          Sec. 769.155.  NO CAUSE OF ACTION.  (a)  A school district,   open-enrollment charter school, state agency, or political   subdivision does not have any cause of action related to compliance   with this chapter.          (b)  A court of this state does not have jurisdiction over a   cause of action related to compliance with this chapter brought by a   school district, open-enrollment charter school, state agency, or   political subdivision.          (c)  On the motion of any party or the court's own motion, a   court shall dismiss a cause of action related to compliance with   this chapter brought by a school district, open-enrollment charter   school, state agency, or political subdivision.          (d)  This section does not prohibit a suit or petition by the   attorney general under Section 769.154.          Sec. 769.156.  SOVEREIGN IMMUNITY WAIVED.  Sovereign   immunity to suit is waived and abolished to the extent of liability   created by this subchapter.          SECTION 6.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   each person or entity, are severable from each other.  If any   application of any provision in this Act to any person, group of   persons, or circumstances is found by a court to be invalid for any   reason, the remaining applications of that provision to all other   persons and circumstances shall be severed and may not be affected.          SECTION 7.  Section 250.008, Local Government Code, as added   by this Act, applies to an order, ordinance, or other measure   adopted before, on, or after the effective date of this Act.          SECTION 8.  Section 271.909, Local Government Code, as added   by this Act, applies only to a contract awarded on or after the   effective date of this Act.          SECTION 9.  This Act takes effect September 1, 2017.     * * * * *